Frequently Asked Questions

Absolutely! We offer consultations to discuss your legal needs and provide tailored legal advice. Contact our office to schedule an appointment with one of our experienced attorneys.

Estate planning with Bondurant Law is the process of preparing legal documents for the management and disposal of your assets and personal affairs both before and after your death. It typically involves creating a will and making decisions about healthcare and financial matters.

Estate planning is important because it allows you to have control over how your assets are distributed, minimize taxes, and protect your loved ones. It also ensures that your wishes are carried out and can help avoid family disputes.

It is never too early to start estate planning. Life is unpredictable, and having a plan in place can provide peace of mind. Whether you are young or old, it is important to have your affairs in order.

Estate planning varies depending on the client's specific situation, but estate planning documents commonly include a will, power of attorney, healthcare directive, and possibly a trust. An experienced estate planning attorney can guide you through the process.

A deadlock occurs when LLC members cannot reach a decision on an important business matter. This is especially common in 50/50 ownership structures where each owner has equal voting power and neither side can break the tie.

The cost of estate planning can vary depending on the complexity of your estate and the services provided by the attorney. It is best to consult with an attorney to discuss your needs and obtain a cost estimate. However, a typical estate plan costs between $2,000 and $2,500 per individual, or $3,000 to $3,500 per couple.

Deadlocks can bring a business to a standstill. When owners cannot agree on major decisions, operations may suffer, growth can stall, and relationships may deteriorate. In severe cases, deadlock can lead to the dissolution of the company.

Business owners commonly use the following deadlock-resolution mechanisms:

• A neutral third-party advisor serving as a tie-breaker

• Mediation

• Buy-sell provisions

• Forced buyouts

• Liquidation of company assets

• Judicial dissolution as a last resort

While you do not have to bring anything to your appointment, it is very helpful to bring any existing Wills, Powers of Attorney, Living Wills, or other estate planning documents. If you have a list of assets and liabilities, those lists can also be helpful to bring as well.

A fiduciary duty is a legal obligation requiring certain LLC owners and managers to act in the best interests of the company rather than their own personal interests. In a manager-managed LLC, managers generally owe fiduciary duties to the company. In a member-managed LLC, the members typically owe those duties.

We recommend bringing a copy of any existing Will for the deceased, a copy of the death certificate, names and contact details for all heirs, and a summary of any known assets, if available. At your first appointment, our team will provide specific guidance on what else to gather and what the next steps of the process will be.

In Louisiana, successions can be inexpensive and can be completed quickly in many cases. Our laws provide the opportunity for efficient estate management that will keep your legal fees lower than they would be if your loved one died in another state. Furthermore, the process can be completed in some cases in a single set of paperwork. Contact us for advice regarding your next steps in the succession process.

A breach of fiduciary duty occurs when a member or manager puts their personal interests ahead of the LLC's interests, engages in self-dealing, misuses company assets, conceals important information, or improperly takes a business opportunity that should have belonged to the company.

Yes. In many situations, a member may have the right to bring a claim against another member or manager whose actions have harmed the company or violated their fiduciary obligations.

In most cases, life insurance and IRA accounts do not pass through a succession of a deceased individual. Rather, they pass by a separate beneficiary designation. Contact us for an appointment to discuss which assets go through a succession and which can be handled outside of a succession.

At Bondurant Law, we can help clients who have lost access to account funds by opening a succession. If you do not know what to do after the death of your loved one, schedule an appointment with our team.

Examples may include:

• Diverting business opportunities away from the company

• Competing against the LLC without authorization

• Misusing company funds or assets

• Engaging in self-dealing transactions

• Concealing important business information

• Taking personal profits from opportunities that should belong to the LLC

Yes. If your neighbor's actions are causing damage to your property, you may have legal options to stop the conduct and recover compensation for your losses.

If your family is arguing over your loved one's estate or you expect trouble ahead, contact our office to help you. Our firm has extensive experience in disputed successions, including handling trials on will contests, estate theft, and estate valuation disputes, and we can help you to navigate these difficult waters. Our goal is to find a peaceful resolution for families in their most difficult times, but we are also fully prepared to protect our clients' interests in litigated disputes.

Operating agreements and bylaws both define the rules on how a company will operate, including how voting is to occur and who within the organization has the authority to take action on behalf of the company; the only difference between the two is that an operating agreement applies to a Limited Liability Company and bylaws apply to corporations. If you have a business with more than one owner, it is critical to create either an operating agreement or bylaws when starting your business to allow for a clear, agreed-upon process for handling voting and disputes.

Common issues include:

• Flooding or drainage problems

• Property damage from construction

• Erosion or runoff

• Nuisance conditions

• Violations of neighborhood restrictions

• Activities that interfere with the use and enjoyment of your property

In some cases, yes. A court may issue an injunction requiring a property owner to correct conditions that are causing ongoing harm to neighboring property.

The decision of who should be the owner of your family business in the next generation requires much consideration, and evenly dividing it among your children may cause more harm that good. While it may seem fair, often such a division could result in serious family disputes. Contact us to discuss ways to be both fair to all of your family members while also ensuring your business legacy is protected for years to come.

Potentially. Property owners may be able to seek compensation for repair costs, property damage, loss of use, and other losses caused by a neighbor's actions.

When selling or buying a business, the transaction includes so much more than the price and the assets. Any buyer or seller must consider the structure of the transaction for tax efficiency, whether to require all cash up front or payments over time, which party will be liable for any debts or claims that may arise, whether the seller will remain involved in the business, and much more. Schedule an appointment to learn more.

Yes, it is possible to settle a case without going to court, and we actively encourage clients to consider resolving their matter amicably without court intervention. We use a variety of methods of alternative dispute resolution, ordinary negotiations, and mediation. These methods allow parties to negotiate and reach a mutually acceptable resolution outside of the courtroom.

Yes. If your title insurance company denies coverage for a covered title issue, ownership dispute, access problem, or other insured loss, you may be able to file a lawsuit to enforce your rights under the policy.

The duration of litigation can vary depending on the complexity of the case, court schedules, and other factors. Some cases take 3-6 months to litigate, while others take years.

Depending on the circumstances, you may be entitled to recover policy benefits, damages for covered losses, attorney's fees, court costs, and other remedies available under Louisiana law.

As an heir or legatee of a deceased individual, you have the right to information from the succession representative. The law allows heirs or legatees to file documents with the court to compel production of information so that they can find out of a succession is being handled correctly. Contact us for advice and to discuss your rights.

If a title insurer acted arbitrarily, capriciously, or without probable cause when handling or denying your claim, you may have additional claims for bad faith and could be entitled to penalties and attorney's fees in addition to the coverage benefits owed under the policy

No. Long term assisted living care is not covered by Medicare, which is a common misconception. Long term care can be paid by the Medicaid program, which is only for those who have insufficient assets and income. Some individuals may have more than what is allowed to qualify for Medicaid, but not enough to really cover their care. In those cases, advanced planning can help. Importantly, planning should be done at least five years before long term care is needed. Contact us to discuss your needs.

If your loved one has lost the ability to make their own decisions, then you may need to pursue an interdiction. Interdiction is a court proceeding by which one party is appointed as the legal representative, called a curator, over an individual who is unable to make their own decisions. We handle interdictions with care and compassion to ensure that all parties are treated with dignity and respect.

If you are an executor of an estate in which you believe a dispute is imminent, you need an attorney experienced in both successions and litigation to ensure you handle the succession correctly in the face of adversity. Our firm has the experience to navigate contested successions and resolve disputes efficiently.

A special needs trust is a trust designed to supplement the needs of a disabled beneficiary while ensuring they are still able to qualify for needs-based government benefits, such as Supplemental Security Income or Medicaid. These trusts come in two main forms, a first-party special needs trust, created with the disabled individual's own funds, and a third-party special needs trust, created by a friend or family member for the benefit of their disabled loved one. Contact us to discuss whether a special needs trust is right for you.

No. If you can afford to pay for the costs of assisted living, the government will not be involved in the payment for your long term care. For those who may not have enough income or cash to pay for long term care, they may qualify for Medicaid to pay for that care, but Medicaid has the right to place a lien against the individuals' home after they die to recover the amounts paid by Medicaid. Medicaid advanced planning can help those who may have concerns about being unable to afford long term care. Contact us to discuss details.

Subdivision of property requires more than just a survey.  Most parishes and municipalities require submission of a subdivision request that could, in some cases, require a hearing before the local government board.  Our attorneys are experienced in handling subdivisions and appearing before local boards, so call us for help.

Our focus lies in commercial real estate; accordingly, we do not handle residential real estate closings.

Zoning changes require approval by your local parish government and can be quite difficult to obtain. The value of having an experienced attorney to handle your zoning change cannot be overstated. Our attorneys have developed quality relationships with parish officials in St. Tammany Parish, so contact us for assistance.

The most critical terms of a commercial lease include rental rate, term and additional option terms, additional expense allocation between landlord and tenant, insurance, and indemnity obligations, among many others. Negotiating these terms and conditions can be daunting, so contact us for help.